Police agencies differ on when to chase at high speed

Three people in Marion County died after a police chase last week ended in a traffic crash, raising questions about the safety of such pursuits.

Marion County Sheriff Billy Woods said deputies who pursued 26-year-old Jaquard Cuyler on July 28 followed the office’s pursuit policy, which allows pursuits at deputies' discretion.

Florida Highway Patrol troopers and Marion County Sheriff's deputies responded to a call about a suspicious car near a county landfill. It was Cuyler’s car, a Volkswagen Jetta, and when law enforcement tried to stop him, Cuyler sped away.

Cuyler drove through a red light and slammed into a Lincoln MKC, driven by Brittany Chmilarski, 29. Chmilarski, of Ocala, and her passenger, Denise Allen, 57, of The Villages, died at the scene. Cuyler died the next day.

“It was neither my sergeant nor my pursuit policy that caused the death of those two ladies,” Woods said.

In March 2016, the Marion County Sheriff’s Office adopted a pursuit policy that allowed pursuits only in cases of forcible felonies and violent misdemeanors. At the time, Maj. David Pistarelli, of the office’s patrol division, said the FBI had encouraged law enforcement agencies to alter their pursuit policies to err on the side of public safety.

In February 2017, the policy was again changed, allowing deputies to initiate, continue or stop a pursuit unless otherwise ordered by a supervisor.

Lauren Lettelier, MCSO public information officer, said policies are evaluated by each sheriff’s administration. The current policy requires that officers evaluate the time of day, volume of traffic, location of pursuit and other factors before deciding to chase a vehicle.

In its highway safety code, the National Highway Traffic Safety Administration requires that states “actively encourage” law enforcement agencies to follow guidelines issued by the International Association of Chiefs of Police regarding vehicular pursuits.

The IACP vehicular pursuit model policy issued in December 2015 discourages pursuits for “minor violations,” instead recommending pursuits “only if the officer has a reasonable belief that the suspect, if allowed to flee, would present a danger to human life or cause serious injury.”

The policy also advises law enforcement officers to determine whether the “immediate” danger a pursuit presents to the officers and the public is less than the potential danger if a suspect isn't caught.

In its 2015-2017 legislative agenda, the IACP opposed requiring local and state law enforcement agencies to follow a national standard. It asked for legislative funding for agencies to upgrade driving training facilities and to support research into other ways to stop fleeing vehicles.

The Florida Highway Patrol authorizes pursuits when it’s believed a suspect committed a felony, is driving under the influence or is driving recklessly. All other pursuits, its policy states, are prohibited.

Lt. Patrick Riordan said the policies, which come from Tallahassee, are designed to be consistent among the agency’s 12 troops.

“There’s a lot of different elements that can formulate pursuit policy,” Riordan said.

Local law enforcement agencies restrict their pursuits to instances when the risks of chase are less than the risk of letting a suspect escape.

The Levy County Sheriff’s Office allows pursuits in cases of forcible felonies or when the vehicle is endangering the public. If it doesn’t meet the criteria, a pursuit requires a supervisor’s approval.

“Each pursuit is critiqued on its own merit,” said Lt. Scott Tummond.

The Interlachen Police Department’s policy allows chases only when the suspect is wanted for an active, violent felony.

The Alachua County Sheriff’s Office authorizes deputies to chase a vehicle only when there is reason to believe a vehicle’s driver or occupant has committed a forcible felony or when an occupant’s actions place the public in danger. Other reasons for pursuit require a supervisor’s order.

Gainesville Police Department’s policy allows officers to pursue a vehicle if an occupant in the vehicle committed a forcible felony or actions of the driver or occupants place the general public in extreme danger.

The Alachua Police Department requires the expected results of a vehicle pursuit to outweigh the known risks to participating officers, the suspect and the public at large.

“The safety of our citizens and officers are of the utmost importance,” said Jesse Sandusky, public information officer for APD.

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